Commonwealth Consolidated Acts

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PATENTS ACT 1990 - SECT 79

Rights of patentee if extension granted after patent expires

    If:

  (a)   a patentee applies for an extension of the term of a standard patent; and

  (b)   the term of the patent expires before the application is determined; and

  (c)   the extension is granted;

the patentee has, after the extension is granted, the same rights to start proceedings in respect of the doing of an act during the period:

  (d)   commencing on the expiration of the term of the patent; and

  (e)   ending on the day on which the extension was granted;

as if the extension had been granted at the time when the act was done.



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